The Hague — The Dutch government has decided to maintain its ban on exporting parts for F-35 fighter jets to Israel, despite a Supreme Court ruling that gave it the option to lift the restriction. Officials said the decision reflects the current situation in Gaza and the government’s broader foreign policy stance.
In a statement released Friday, the cabinet said:
“Given the current circumstances, it is unreasonable to resume the export of F-35 components from the Netherlands to Israel at this time.”
The export ban was first imposed in February 2024, after an appeals court ordered the government to halt the shipment of jet parts that could be used by Israel in its ongoing military campaign in Gaza.
Earlier on Friday, however, the Dutch Supreme Court overturned that ruling, saying the appeals court had overstepped its authority and that decisions on foreign policy should rest with the government, not the judiciary. The judges gave ministers six weeks to review their export policy — but the decision came within hours.
Government Defends Decision
The Netherlands stores U.S.-owned F-35 parts at a central warehouse, which supplies multiple international partners, including Israel, under existing agreements. The government stressed it remains fully committed to the F-35 programme, calling it “a vital factor in safeguarding our security and that of our allies.”
Officials said the appeal to the Supreme Court was not about Gaza itself but about ensuring that the state — not the courts — defines foreign policy.
“A ceasefire must be reached as soon as possible to end the violence and the suffering of the population, and to release the hostages,” the government added.
Long Legal Battle Over Exports
Friday’s ruling ends a months-long legal dispute between the Dutch state and human rights groups, which argued that the export of F-35 parts made the Netherlands complicit in violations of international law by Israel.
Supreme Court Vice-President Martijn Polak said the appeals court had no authority to make that judgment.
“The Court of Appeal may not assess for itself whether granting the permit constitutes a clear risk of serious violation of international humanitarian law. That is up to the minister,” Polak said.
Government lawyers had previously argued that the Netherlands might not even have the power to block the deliveries, which are part of a wider U.S.-managed supply chain for F-35 partner countries. They also noted that Israel could easily obtain parts elsewhere if Dutch exports were stopped.
In a similar case in June, the UK High Court dismissed a challenge from a Palestinian rights group seeking to block Britain’s export of F-35 components to Israel.
